D052 Amend Canon IV.10.3
Resolved, the House of Bishops concurring,
That the 81st General Convention amend Canon IV.10.3 to read as follows:
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Sec. 3. If the conciliation is successful in reaching agreement among the parties on a suitable resolution of all issues, an Accord will be prepared as provided in Canon IV.14 If conciliation cannot be achieved within a reasonable time, the Conciliator will report such to the Bishop Diocesan, and the matter will be referred back to the Reference Panel. The Reference Panel may meet with the Conciliator and shall consider the report to determine whether to: (a) take no action other than appropriate pastoral responses pursuant to Canon IV.8; (b) refer the matter to the Bishop Diocesan for consideration of proceedings under Canon IV.9; (c) investigation pursuant to Canon IV.11; or (d) refer the matter directly to the Hearing Panel pursuant to Canon IV.13. The determination shall be approved by a majority vote of the Reference Panel.
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Sec. 3. If the conciliation is successful in reaching agreement among the parties on a suitable resolution of all issues, an Accord will be prepared as provided in Canon IV.14 If conciliation cannot be achieved within a reasonable time, the Conciliator will report such to the Bishop Diocesan, and the matter will be referred back to the Reference Panel. The Reference Panel may meet with the Conciliator and shall consider the report to determine whether to: (a) take no action other than appropriate pastoral responses pursuant to Canon IV.8; (b) refer the matter to the Bishop Diocesan for consideration of proceedings under Canon IV.9; (c) investigation pursuant to Canon IV.11; or (d) refer the matter directly to the Hearing Panel pursuant to Canon IV.13. The determination shall be approved by a majority vote of the Reference Panel.
Explanation
Canon IV.6.8 provides a sequence of referral options following a Reference Panel's receipt of an intake report, which can include referral to Conciliation or a to Conference Panel but not directly to a Hearing Panel. It has the same options (a) if the matter is not progressing (IV.6.9) or (b) following a failed referral to the Bishop for a possible Accord (IV.6.10). Following an Investigation, a Reference Panel has the added option of referring directly to a Hearing Panel (IV.11.3). If the informal Conference Panel can't reach an Accord, it can itself refer to Conciliation or to a Hearing Panel (IV.12.9), or if it issues an Order that is rejected, the President of the Disciplinary Board is required to refer the matter to a Hearing Panel (IV.12.12). There are currently no clear options for a Reference Panel following a failed Conciliation - other than under IV.6.8 for lack of progress.
This proposal clarifies that if Conciliation — a more structured and formal process than the Conference Panel — cannot resolve the issues between the parties, the Reference Panel in its judgment may also, among other options, refer the matter directly to a Hearing Panel without needing to first resort to a Conference Panel step that (a) may already have taken place and (b) may be unlikely to yield any greater likelihood of a voluntary agreement.